Judgment Search Results Home > Cases Phrase: calcutta high court jurisdictional limits act 1919 Page 3 of about 27,859 results (0.172 seconds)

Chairman, Budge Budge Municipality Vs. Mongru Mia and ors.

Court : Kolkata

Reported in : AIR1953Cal433,57CWN25

..... of these, only the three presidency high courts of calcutta, bombay and madras had power to issue certain writs within the limits of their ordinary original civil jurisdiction, whereas article 226 empowers all high courts to which it applies to issue directions, orders and writs of certain specified kinds throughout the territories subject to their respective jurisdictions. ..... for the exercise of 'the original and appellate jurisdiction vested in the court' and because section 106(1) of the act of 1915 declares the jurisdiction of the high courts to comprise all such jurisdictions as were vested in them by letters patent and 'all such jurisdiction, powers and authority as are vested in those courts respectively at the commencement of this act', it was said that any rule framed for the exercise of any jurisdiction not existing at the date of the act of 1915 would not be a rule authorised by section ..... the rules framed by the calcutta and bombay high courts for exercise of the jurisdiction under the trade marks act were in fact framed at a time when article 225 was not in existence. ..... it may be pointed out that though the year of the act is not given, the act of 1915 is correctly referred to, because under section 45 of the amending act of 1919, the mode of citation for the principal act of 1915, as amended by the two later acts, is simply the 'government of india act.' 7. ..... ' the government of india act referred to is the act of 1915, as amended by the acts of 1916 & 1919. .....

Satis Chandra Ckakrabarti Vs. Ram Dayal De

Court : Kolkata

Reported in : AIR1921Cal1,59Ind.Cas.143

..... until the crown shall otherwise pro-vide under the powers of this act, all jurisdiction now exercised by the supreme courts of calcutta, madras, and bombay, respectively over inhabitants of such parts of india as may not be comprised within the local limits of the letters patent to be issued under this act establishing high courts at fort william, madras and bombay, shall be exercised by such high courts respectively.7. ..... this provision, however, is made expressly subject to the legislative powers of the governor-general in council which is farther emphasised by the provision of clause 44 of the letters patent recently extended in scope by the amendment of the 11th march 1919:and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor general in legislative council, and also of the governor-general in council under ..... de had lodged a complaint in the court of the chief presidency magistrate against satish chandra chakrabarti with a view to prosecute him for an offence under section 500, indian penal code, in respect of the following nine statements selected from the petition of the 11th july 1919:(1) that the said vakil, when the suit no. ..... on the 11th july 1919 satis chandra chakrabarti, the petitioner in the present rule, made an application to this court and prayed that disciplinary action might be taken against mr. .....

issardas and Vs. Hair and ors.

Court : Chennai

Reported in : AIR1962Mad458

..... (22) before the commencement of the constitution only the three high courts of madras, bombay and calcutta had power to issue high prerogative writs within the respective limits of their original jurisdiction. ..... 331)regarding 'prohibitions' the following is the procedure:'an order of prohibition will be granted by the high court or a judge thereof where a county court acts either without jurisdiction or in excess of its jurisdiction, and, although the high court exercises a discretion in determining whether the county court has so acted, where the case for prohibition is made out the applicant is entitled to an order as of right. ..... advocate general of madras, 46 ind app 176, air 1919 pc 31 is an authority of this board that the power to issue certiorari still remains in the high courts of calcutta, madras and bombay in the exercise of their local jurisdiction. ..... jai indra bahadur singh, 46 ind app 228: air 1919 pc 55, and it is doubtful whether the word 'authority' occurring in article 226, wide as it is in its concept, can be deemed to connote a court. ..... refer to another decision of the judicial committee in 46 ind app 176: air 1919 pc 31. .....

National Textile Corporation (Sm) Ltd. Vs. Devraj Chandrabali Pai

Court : Mumbai

Reported in : 2006(1)ALLMR494; 2006(1)BomCR765

..... this limitation seriously impaired supervisory jurisdiction which the high court exercised through writ of certiorari and it was therefore that the government of india act contained the provisions of section 107 to widen the extent of the supervisory jurisdiction. ..... this widening of the power of supervisory jurisdiction over the entire territory of the high court of bombay was necessary in other states also and therefore the government of india act, 1919 was enacted containing provisions of section 107. ..... in our opinion, because at tome point of time in the history of courts in india resort was taken to the writ of certiorari which can issue only under article 226 for exercising powers of superintendence over tribunals or authorities subordinate to this court, provision of section 107 of the government of india act, 1919 took care of this and therefore resort to article 226 for correcting jurisdictional error was not necessary. ..... the power to issue was first conferred on the supreme courts of bombay, calcutta and madras by their respective charters and thereafter the power was inherited by successor high courts under the high court act, 1861. ..... in our opinion, after framing of section 107 of the government of india act, 1919 the need to issue writ of certiorari or an order or a direction in the nature of certiorari stood fulfilled by the provisions of section 107. .....

Kanta Yadav Vs. Om Prakash Yadav

Court : Supreme Court of India

..... which at the said date were subject to the lieutenant-governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at the page 3 of 9 madras and bombay; and (b) to all such wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits; and (c) to all wills and codicils made by any hindu, buddhist, sikh or jaina ..... that the act is applicable to wills and codicils made by any hindu, buddhist, sikh or jain, who were subject to the jurisdiction of the lieutenant-governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of madras or bombay - {clause (a) of section 57 of the act}. ..... be that the provisions of section 213(1) requiring probate do not apply to wills made outside bengal and the local original jurisdictional limits of the high courts at madras and bombay except where such wills relate to immovable property situated within those territories.5. ..... respect of the persons who13) are subject to the lieutenant-governor of bengal or who are within page 8 of 9 the local limits of ordinary original civil jurisdiction of high court of madras or bombay and in respect of the immoveable properties situated in the above three areas. ..... high courts at calcutta, madras and bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situated within those limits .....

Government of Andhra Pradesh Vs. Durgaram Prasad

Court : Andhra Pradesh

Reported in : AIR1984AP14

..... relying upon the earlier judgments of the orissa high court and also the decision of the calcutta high court in : air1969cal381 it is held by the orissa high court that in view of the change brought about in section 29 of the new limitation act, the court has jurisdiction to extend the time by condoning the delay in filing the application beyond 30 days.4. ..... the learned government pleader contended that section 5 of the limitation act 1963 is applicable in the circumstances as section 5 is wide in its sweep and by its own force applies and the court has jurisdiction to extend the time in its discretion. ..... 158 of the limitation act and the court has no jurisdiction to condone the delay in which a party may make in filing the application under section 33 of the arbitration act. ..... construction india, : air1982ori18 the petition under section 30 of the arbitration act was filed beyond the prescribed time and the question arose whether the court has jurisdiction to condone the delay under section 5 of the limitation act. ..... the delhi high court held that the applications under section 20 of the act are governed by limitation act and as the right to apply accrued to the respondent on 6-12-1974 when the contract was rescinded the period of limitation has to be computed from that date and the application filed on 4-9-1978 is beyond time. .....

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

Court : Rajasthan

Reported in : RLW2009(1)Raj431

..... 1 in the high court of calcutta, in admiralty jurisdiction, along with appellants nos. ..... jurisdiction-(l) subject to the other provisions of this act, a family court shall-(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the family court extends. ..... we need not detain ourself on that judgment, because from a reading of that judgment it is clear, that there were factual controversies involved, which effected the applicability of section 17(1) and 18(1) of the limitation act, and was not a case, where the suit was ex-facie barred, so as to attract the provisions of section 3 of the limitation act.22. ..... payable on the application for maintenance filed before the family court, or not, and in that process this court held, that the petition in the family court are in the nature of petitions or applications, and the court fees is payable under the clause 11(k) of the schedule ii of the rajasthan court fees and suit valuation act, and for that purpose observed in para-13, that the act makes an attempt to simplify the rules of evidence and procedure, as to enable a family court to deal effectively. .....

Khemchand Agrawal Vs. Commissioner, Irrigation, Presently Designated a ...

Court : Orissa

Reported in : 97(2004)CLT237

..... it has been held in this case by learned single judge of calcutta high court that the contempt of court's act, 1971 cannot define, limit or regulate the high court's power under article 215 to punish for contempt of itself summarily, sections 15 and 20 are ultra vires article ..... in our view, parliament was contempt to make a law like section 20 of the act prescribing maximum time limit within which the proceeding for contempt can be initiated and such provision is applicable to the jurisdiction of the high court under article 215 of the constitution to punish for contempt of itself.7. ..... in fact, the supreme court held in this judgment that section 20 of the act strikes at the jurisdiction of the court to initiate any proceedings for contempt, and section 5 of the limitation act has no manner of application ..... neither the parliament nor the state legislature has any power to define, limit or regulate the procedure regarding the high court's special jurisdiction to punish summarily for contempt of itself. ..... 225 of the constitution read with chapter-l of part-ll of the constitution and entry 14 of the concurrent list thereof, we are constrained to express the view that the proposition laid down by the learned single judge of calcutta high court and the decision of the full bench of karnataka high court is not correct and therefore, we further hold that section 20 is certainly applicable to the jurisdiction of the high court under article 215 of the constitution to punish for its contempt. .....

Union of India (Uoi) Vs. Harbans Singh Tuli and Sons and anr.

Court : Punjab and Haryana

Reported in : (1995)111PLR144

..... respondent made an effort to get the land exempted but having failed to get the land released from acquisition, filed writ petition in the high court at calcutta, supreme court, on the basis of these facts, held that the cause of action neither wholly nor in part arose within the territorial jurisdiction of calcutta high court. ..... the award has been filed or (if it has not already been filed) by the court in which it may be filed under sub-sections (1) and (4); (iii) all applications relating to the conduct of arbitration proceedings or arising out of the same are also to be filed in the same court (as in case (b) above); (iv) once an application has been filed in a court (having jurisdiction) under any of the sections of this act, that court alone will have jurisdiction to entertain subsequent applications with respect to the same arbitration. 6. ..... engineers india limited, acting as consultants for oil and natural gas commission, having a gas processing plant at hazira, issued an advertisement in leading newspapers of the country including that of west bengal inviting tenders for setting up a kerosene recovery processing unit. .....

Hatimbhai Hassanally Vs. Framroz Eduljee Dinshaw

Court : Mumbai

Reported in : AIR1927Bom278; (1927)29BOMLR498

..... of the parties to the deed, a fictitious entry probably designed to give to the deed the appearance of relating to property situated in calcutta and therefore within the jurisdiction of the sub-registrar and the calcutta high court, so that registration could be obtained and actions brought in calcutta.i am, however, unable to see that their lordships thereby positively upheld the jurisdiction where the suit related to land partly within and partly without the jurisdiction, any more than at p. ..... report refers to their first report, in which they h d prep red nd submitted to her majestyplan for the amalgamation of the supreme and sudder courts at calcutta as well as simple nd uniform code of civil and criminal procedure applicable both to the high court so formed and to all inferior courts within the limits of its jurisdiction.their third report, as there mentioned, comprised similar proposals in regard to the north western provinces of the presidency of bengal. ..... the definition of mortgage in section 58, it is difficult to say that the transfer of an interest in specific immoveable property is not a benefit to arise out of land within the meaning of section 3, clause 25, of the general clauses act x of 1897, section 8 of the transfer of property act enacts that a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and the legal incidents thereof, and such ..... (1919) ..... (1919)21bomlr1111 ..... 1919 .....